https://www.taxtmi.com/caselaws?id=113857 Civil court jurisdiction is excluded where a secured creditor proceeds under the SARFAESI Act and the borrower has an effective statutory remedy before the Debts Recovery Tribunal. A suit for settlement of accounts cannot be used to bypass objections to liability, quantum due, or measures taken under section 13, because the Act gives overriding effect to the tribunal process. A fresh notice under section 13(2) is also permissible where a corrected notice is needed, and pendency of civil proceedings does not bar action under the Act. The attempted analogy to the Negotiable Instruments Act was rejected as inapposite. en-us Fri, 24 Jul 2009 00:00:00 +0530 Tue, 04 Nov 2014 20:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113857 Civil court jurisdiction is excluded where a secured creditor proceeds under the SARFAESI Act and the borrower has an effective statutory remedy before the Debts Recovery Tribunal. A suit for settlement of accounts cannot be used to bypass objections to liability, quantum due, or measures taken under section 13, because the Act gives overriding effect to the tribunal process. A fresh notice under section 13(2) is also permissible where a corrected notice is needed, and pendency of civil proceedings does not bar action under the Act. The attempted analogy to the Negotiable Instruments Act was rejected as inapposite. Case-Laws Companies Law Fri, 24 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113857